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Home My WebLink AboutNC0049867_NOV-2019-LV-0334 NOI_20190508ROY COOPER 60verilur K4ICHAEL S. REGAN seere«y LINDA CULPEPPER ilrwor Certified Mail # 7017 2620 0000 6788 5672 Return Receipt Reauested Danny Gabriel, Mayor Town of Cleveland PO Box 429 Cleveland, NC 27013 NORTH CAROLINA Environmental Quality May 8, 2019 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2019-LV-0334 Permit No. NCO049867 Cleveland WWTP Rowan County Dear Mayor Gabriel: A review of the March 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Location Parameter Limit Reported Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 3/16/2019 45 64.8 Weekly Average Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 3/31/2019 30 37.1 Monthly Average Exceeded Concentration (C0310) A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. NortNCaro I,naDepartmer.tofErv:rar.irerta Quairty I DimsianofWater Resources Woo reav:15ERegom:Off.-oe 1 610 East Denier Avenue, Suite3011 Mooresv �e,North 03raiina28115 If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of the Mooresville Regional Office at 704-663-1699. Sincerely, EA DocuSigned by: s•01zcw H P�Ut4 F161FB69A2D84A3... for W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File Laserfiche NortY Carolina Departmentof Env:ronrnerttaEQuality I Div -son of Water Resoumes Nooresv-17eReg*m-Office l 61ff Eastf:enterAvenLre,Su;te3Oi I Wcoresvilie,North DirohrhaZ8115 ROY COOPER (;rrv(.rrir)r MICi-iAEL S. REGAN Serrerary LI;NDA CULPEPPER cbrc{tor Certified Mail # 7017 2620 0000 6788 5498 Return Receipt Requested Danny Gabriel, Mayor Town of Cleveland PO Box 429 Cleveland, NC 27013 NORTH CAROLIMA Environmental Quality March 20, 2019 SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY Tracking Number: NOV-2019-LV-0192 Permit No. NCO049867 Cleveland WWTP Rowan County Dear Mayor Gabriel: A review of the January 2019 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s) indicated below: Limit Exceedance Violation(s): Sample Limit Reported Location Parameter Date Value Value Type of Violation 001 Effluent BOD, 5-Day (20 Deg. C) - 1/12/2019 45 156 Weekly Average Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 1/19/2019 45 83 Weekly Average Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 1/26/2019 45 55.5 Weekly Average Exceeded Concentration (C0310) 001 Effluent BOD, 5-Day (20 Deg. C) - 1/31/2019 30 82.6 Monthly Average Exceeded Concentration (C0310) NorthCaro GnaDepart mentofEnv:ronrnenta!Quairty I DimsianofWater Resoumes f0ooresv-17e Reg*m- Office 1 610 Es2l Center Avenue, Suite 3011 M oo resvihE, North 03ro,ina 28115 A Notice of Violation/Intent to Issue Civil Penalty is being issued for the noted violation of North Carolina General Statute (G.S.) 143-215.1 and the facility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S. 143-215.1. If you wish to provide additional information regarding the noted violation, request technical assistance, or discuss overall compliance please respond in writing within ten (10) business days after receipt of this Notice. A review of your response will be considered along with any information provided on the submitted Monitoring Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no response is received in this Office within the 10-day period, a civil penalty assessment may be prepared. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent. Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or potential problems due to planned maintenance activities, taking units off-line, etc. If you have any questions concerning this matter or to apply for an SOC, please contact Roberto Scheller of the Mooresville Regional Office at 704-663-1699. Sincerely, �j DocuSignedd by: T'y`' rI NU" for F161 FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office Division of Water Resources, NCDEQ Cc: WQS Mooresville Regional Office - Enforcement File NPDES Compliance/Enforcement Unit - Enforcement File NortY Cara- na Departmentof Erv:ror.merts'Qua: ly I Mrsoftof Water Resourozs Mooresv eF fl•:lra Off Del 510 Ea2l DeDler Avenue, Suae 3011 Mooresv e,North 0sro-:na28115